Court : Kolkata
Reported in : AIR2003Cal65
..... our attention was also invited to article 338 'of the constitution which provides for establishment of commission for sc/st known as national commission for the scheduled castes and scheduled tribes, which shall be an advisory body to advise the government of the welfare of the scheduled caste and schedule tribes. ..... as against this learned counsel for union of india submitted that courts cannot give a direction to include obc in the census operation as necessary provisions have already been made in the constitution under article 338 to the effect that the president shall appoint a commission for the welfare of scheduled castes and scheduled tribes and obc and this commission can make necessary recommendations. ..... it was pointed out that on the basis of mandal commission report appropriate reservation has been made in the field of employment and education and constituencies have been earmarked, but no such classification has been provided in the constitution and the courts sitting in extraordinary jurisdiction cannot direct the legislature to legislate and include this category as a category like that of scheduled castes and scheduled tribes. ..... in article 338(10) of the constitution references to the scheduled castes and scheduled tribes shall be construed as including references to such other backward classes as the president may, on receipt of a commission appointed under clause (1) of article 340, by order specify and also to the anglo indian community. .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)3CALLT147(HC),2008(3)CHN1
..... (g) composition of committee: the committee (for consider-ing promotion) shall consistof the following persons, namely-i) the chairman of the concerned regional rural bank-chairmanii) a director nominated by the sponsor bank-memberiii) a director nominated by the national bank-membernote : if none of the members of the committee belongs to scheduled castes/scheduled tribes, the board may nominate a person belonging to schedules caste/schedules tribes as an additional member and such person shall participate in the process of selection by the concerned ..... the provisions mentioned in the recruitment rules of 1998 with regard to the mode of selection and the selection process for promotion cannot have any overriding effect on the principle prescribed for promotion on the basis of seniority-cummerit as specifically mentioned in clause 2(d) of the third schedule of the recruitment rules, since the procedure cannot prevail upon principle or supersede the principle under any ..... going through the records we find that the authorities of the respondent bank while selecting the candidates for promotion considered the marks secured by the individual candidates in the interview and performance appraisal reports apart from the written test and thus, in effect, followed the procedure for granting promotion on the basis of merit-cumseniority as specifically recorded by the learned single judge in the judgment ..... the composition of committee for considering the commission has been mentioned in clause .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1995Cal160
..... it is now well known that object of clause (4) of article 15 of the constitution is to bring articles 15 and 29 in line with articles 16(4), 46 and 340 of the constitution, and to make it constitutional for the state of reserve seats for backward classes of citizens, scheduled castes and tribes in public institutions, as well as to make special provisions as may be necessary for their advancement.11. ..... , dated 8-6-94, whereby and where under the learned judge held that the policy-decision of the state of west bengal in relation to reservation of seats for admission in medical and engineering candidates (colleges) for scheduled castes and scheduled tribes candidates, as contained in the order dated 30-5-92 were valid. ..... state of karnataka, reported in : air1985sc1495 the supreme court expressed its opinion on the issue of reservation which shall serve as a guideline to the commission which the government of karnataka proposed for appointment for examining the question of affording better employment and education opportunities to scheduled castes, scheduled tribes and other backward classes. ..... the court may interfere inter alia in a case where reservation of the backward classes is so excessive that the national interest is likely to be jeopardized by overlooking the consideration of merits and efficiency but that is not the case of the petitioner herein.24. .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(3)CHN474,2008CriLJ2831
..... -complainant was either tried or convicted in a criminal trial for any capital offence or for an offence which is not capital but punishable with imprisonment for a term of 7 years or upwards where the petitioner gave and fabricated false evidence intending thereby to cause or knowing it to be likely that they will thereby cause conviction of the complainant for such offences, no case for commission of offences punishable under section 3(2)(i) and 3(2)(ii) of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 can be said to ..... competent court of law for the commission of capital offence or any offence punishable with imprisonment for 7 years or upwards and far less in such trial he has been convicted for such offences on the evidence given or falsely fabricated by the petitioners, the accused herein it must be held that the basic ingredients of the offence punishable under the said provisions of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 is explicitly absent and no offence punishable thereunder has ..... under section 156(3) of the code of criminal procedure by the learned special judge under scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 in respect of the complaint alleging commission of offences punishable under the said act cannot be sustained in the eye of law.9 ..... system at jorhat branch on august 16, 2007 because august 15, 2007 there was an assam bandh and august 15, was a national holiday. .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(3)CHN461
..... tohsildar udala stating that he belongs to 'bhuyan' tribe which is recognized as scheduled tribe under the constitution of scheduled caste and scheduled tribe order, 1950 as amended by the scheduled caste and scheduled tribes order (amendment) act, 1976.sd/-general manager (pers) ..... the non-supply of the original form filled by the delinquent officer was of no consequence as even otherwise, there was voluminous evidence to suggest that the delinquent officer falsely claimed the status of a scheduled tribe at the time of his entry into the bank and that there is a caste certificate issued in his name which must have obviously been sent by the bsrb to the bank along with the other papers like marksheets etc. ..... is not possible for the bsrb to dream about the petitioner's status as a scheduled tribe nor was it possible for that official body to collect the documents like the caste certificate and the marksheets of the petitioner for the higher secondary examination and the other examinations ..... also refers to the findings recorded by the inquiring authority which were sent to central vigilance commission, new delhi ('cvc' for short) and the advise tendered by the cvc for imposing the penalty of removal. ..... utkal university, he came across an advertisement published by banking service recruitment board, new delhi (hereinafter 'bsrb' for short) in the year 1981 inviting application from eligible candidates for the post of probationary officer in the various nationalized banks in the country. .....
Tag this Judgment!Court : Kolkata
Reported in : (1992)2CALLT106(HC)
..... the writ petitioners have also prayed for a writ in the nature of prohibition to prohibit the respondents from making any promotion to group 'a' posts without providing for reservation for similarly situated scheduled castes and scheduled tribes officers, and from holding interviews for promotion from middle management scale-iii, without maintaining reservation for scheduled castes and scheduled tribes officers and without filling the backlog vacancies by the candidates for which they were meant.4. ..... court held that the directive issued by the ministry of finance, government of india, informing the bank that the punishment, advised by the central vigilance commission in every case of disciplinary proceedings should be strictly adhered to and was not to be altered without the prior concurrence of the central vigilance commission and the ministry of finance, was not binding on the bank and that the ministry of finance, government; of india, had no authority to issue the impugned directive to banking institutions. ..... among other objects, the nationalisation act was enacted to provide for acquisition and transfer of the undertakings of certain banking companies to meet progressively, and serve better the needs of development of the economy in conformity with national policy and objectives and for matters connected therewith or incidental thereto.65. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1998Cal181
..... in paragraph 25 of the said decision took care to protect the reservation in favour of backward classes and sc/st categories in the following language :--'we hasten to keep aloof from reservations for backward classes and scheduled castes and tribes because the constitution has assigned a special place for that factor and they mirror problems of inherited injustices demanding social surgery which is (if? ..... equality of opportunity for education and advancement across the nation is part of our founding faith and constitutional creed, and that the effort must, therefore, always be to select the best and most meritorious students for admission to technical institutions and medical colleges by providing equal opportunity to all citizens in the country and no citizen can legitimately, without serious detriment to the unity and integrity of the nation, be regarded as an outsider in our constitutional set up, and it would be against the national interest to admit ..... in medical colleges or other institutions giving instruction in specialities, less meritorious students when mere meritorious students are available, simply because the former are permanent resident or resident for a certain numbed of years in the state while .....
Tag this Judgment!Court : Kolkata
Reported in : (1999)1CALLT509(HC)
..... (b) the letter to the employment exchange mentioned in sub-rule (a) shall contain, among other matters :-- (i) the required minimum qualifications of candidates; (ii) the reservation quota for schedule castes and scheduled tribes candidates and physically handicapped candidates; and (iii) the number of vacancies to be filled up. ..... and in order of seniority of registration, and the list of candidates so prepared shall comprise of at least 50% of trained candidates unless the number of registered trained candidates at the concerned employment exchange is sufficient to comprise of the 50% of the names in the list : provided that in case of non-availability of sufficient number of candidates belonging to the scheduled castes and the scheduled tribes in the employment exchange of the concerned revenue district, a reference shall be made by the council to the special employment exchange for the scheduled castes/scheduled tribes at the state level for ..... therefore, the government hereafter should strictly follow the procedure by not only calling their names from the employment exchange, but also by publishing in the local and national newspapers and giving wide publicity in the media as well as getting the written examination and the interview conducted by the sssb; marks should be awarded strictly according to the procedure.'24. ..... college service commission reported in 1983(3) slr 4 and sander singh v. .....
Tag this Judgment!Court : Kolkata
Reported in : (2003)4CompLJ333(Cal)
..... that question, we may detail here what are the norms of disinvestment process, and in what way disinvestment exercise has been undertaken and how ruia cotex has been selected the policy of disinvestment has been summarised at paragraph 4(e) of the affidavit in opposition of the union of india, which reads as under : '(i) proposals for disinvestment in any psu, based on the recommendations of the disinvestment commission or in accordance with the declared disinvestment policy of the government, are placed ..... , warehouses, wharves, workshops, manufactories, fixed plants and machinery, roads and streets, running rooms, rest houses, institutes, hospitals water works and water supply installations, staff dwellings and any other works constructed for the purpose of, or in connection with, railway;(e) all vehicles which are used on any road for the purposes of traffic of railway and owned, hired or worked by a railway; and(f) all ferries, ship, boats and rafts which are used on any canal, river, ..... 51 percent or more equity by the government was recommended only for 6 scheduled industries, namely :i. ..... advisors assist the government in issue of advertisement in leading national and international newspapers/magazines/journals, for inviting expression of interest (eoi) from prospective strategic partners. ..... given by the learned single judge on the basis of the so called valuation report and the serious doubt cast on the decision-making process by the learned single judge is absolutely misconceived. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1964Cal519,(1965)ILLJ387Cal
..... other clauses providing for payment of wages in kind under certain circumstances and for the supply of essential commodities at concession rates and how the cash value of wages in kind and of concession is to be estimated.section 12 casts an obligation upon the employer to pay every employee engaged in a scheduled employment under him wages at a rate not less than minimum rats of wages fixed by the government subject to deductions and as may be authorised and subject to ..... purports to reduce the minimum rate of wage's fixed under the act.section 26(2-a) provides that the appropriate government may having regard to the terms and conditions of service applicable to any class of employees in a scheduled employment generally or in a scheduled employment in a local area [or to any establishment or a part of any establishment in a scheduled employment) decides that it is not necessary to fix the minimum wages in respect of such employees of that class as are in receipt of ..... such conditions as may be prescribed.section 13 provides that in regard to scheduled employment ..... national .....
Tag this Judgment!